This User Agreement ("Agreement") is between you and TheSpread.com. Your rights and obligations under this Agreement and in using this site are not assignable. Your use and access of TheSpread.com constitutes your acceptance, without modification, of the terms, conditions and notices contained herein.
By using the TheSpread.com website, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If you do not agree to the terms and conditions of this Agreement, you may not access, view, obtain goods or services from, or otherwise use the TheSpread.com website.
1. You acknowledge that upon becoming a member of TheSpread.com, you are automatically subscribed to receive email updates, newsletters and offers.
2. You acknowledge that you are 18 years of age or older. Children under the age of 18 are not allowed to visit or otherwise use our site.
4. You are responsible for regularly reviewing this User Agreement. TheSpread.com reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice.
5. You acknowledge that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify TheSpread.com. or its affiliates for all claims resulting from content you supply.
6. You shall not upload, email, post or transmit to, or distribute or otherwise publish through the TheSpread.com website any material which: (i) disrupts the normal flow of dialogue and/or exchange on the site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using and enjoying the TheSpread.com website; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any country; (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, trade secrets, or any other proprietary right; (v) contains a virus, worm, Trojan horse, or other harmful component; (vi) contains any information, software, or other material of a commercial nature; (vii) contains solicitations or advertisements of any kind; (viii) constitutes or contains false or misleading indication of origin or statement of fact; or (ix) contains chain letters or pyramid schemes.
7. You will not create or participate in forum or user areas determined by TheSpread.com to have been created for the purpose of exchanging or swapping images, music, or other protected intellectual property.
8. We reserve the right to release information to the proper authorities, as a result of a violation of our standards or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate. TheSpread.com has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.
9. By posting messages, creating or modifying a home page, posting pictures, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively "Communications") to or through the TheSpread.com website, you hereby grant to TheSpread.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claim against TheSpread.com. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
10. You will be responsible for your own Communications and the consequences of posting or otherwise transmitting those Communications. TheSpread.com does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by TheSpread.com website users or endorse any opinions expressed by such users. TheSpread.com does not screen, monitor or approve Communications from our website users in advance. If we receive notification about a user regarding Communications which allegedly do not conform to this Agreement, TheSpread.com has the right, but not the obligation, to investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. We have no liability or responsibility to users for performance or nonperformance of such activities. TheSpread.com reserves the right to expel users and prevent their further access to the TheSpread.com website for violating this Agreement or violating the law. We have the right, but not the obligation, to remove Communications that are abusive, illegal, disrespectful, disruptive, or otherwise problematic.
11. TheSpread.com may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against TheSpread.com, in the event of a dispute arising out of this Agreement, the site or your use thereof, is to terminate this Agreement by ceasing your use of the site. In the event of termination of this Agreement, TheSpread.com may delete and/or store, in its discretion, data associated with your use of the site. TheSpread.com may also change, suspend, or discontinue any aspect of the TheSpread.com Web site at any time, including the availability of any website feature, database, or content.
12. The TheSpread.com website contains information and press releases about our company. While this information was believed to be accurate as of the date prepared, we disclaim any liability arising from its accuracy and any duty or obligation to update this information or any other content. Our site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans, and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our site, words like "anticipates," "expects," believes," "estimates," "seeks," "plans," "intends," and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements.
13. TheSpread.com makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the TheSpread.com website. We make no guarantee of the accuracy, correctness or completeness of any information on the site, and shall not be responsible for: (i) any errors of omission arising from the use of such information; (ii) any failures, delays or interruptions in the delivery of any content or service contained within the TheSpread.com website; and (iii) any defamatory, libelous or unlawful material contained within the site, including user web pages, emails, profiles, opinions, advice, statements, memorandums or discussion board postings, or materials related to a users' use of the site’s posting features. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. You acknowledge that neither TheSpread.com. nor its website members, while such members are participating in the site, are engaged in rendering legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice for any situation or problem that you may have. TheSpread.com has the right, but not the obligation, to correct any errors or omissions in any portion of the Thespread.com website.
14. Gathering email addresses from TheSpread.com through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited.
15. YOU AGREE THAT YOUR USE OF THE THESPREAD.COM WEBSITE IS AT YOUR OWN RISK. THE THESPREAD.COM WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABE OR DISCUSSED ON OR ACCESSED THROUGH THE THESPREAD.COM WEBSITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL THESPREAD.COM. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE THESPREAD.COM WEBSITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE THESPREAD.COM WEBSITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE THESPREAD.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THESPREAD.COM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM THESPREAD.COM'S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, THESPREAD.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE THESPREAD.COM WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE THESPREAD.COM WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THESPREAD.COM'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
16. The links found on the TheSpread.com website will let you leave our website and go to sites operated by parties other than TheSpread.com. The linked sites are not under the control of TheSpread.com and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. TheSpread.com does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.
17. By offering a number of third party products and services, including advertisements, on our site, TheSpread.com makes no warranties or representations of any kind as to the content or suitability of the subject matter of any web site, product or service from any such third party business or individual. TheSpread.com expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or website content of these and any other third parties, and you waive any claims against TheSpread.com for damages arising from such transactions or your reliance upon statements contained therein. You will not consider TheSpread.com nor will TheSpread.com be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS THESPREAD.COM LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE THESPREAD.COM WEB SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.
18. The TheSpread.com website makes forums, message boards, email, user-generated homepages and/or news groups available to its users provided that they abide by the online behavior detailed in this Agreement. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. We have the right, but not the obligation, to deny the posting of material and to edit, remove, and use any material on our Site. You will not stalk others in our forums or in another manner. Such behavior is a serious offense and may be considered a criminal act.
19. This Agreement shall be governed and constructed in accordance with the laws of the State of Michigan without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Detroit, MI.
20. Any cause of action you may have with respect to your use of the TheSpread.com website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
21. You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against TheSpread.com. and/or each of its affiliates, directors, officers, agents, employees or sublicensees, (collectively, the "Indemnitee") to the fullest extent permitted by law arising out of or in connection with (1) an assertion that the information, content or other materials or services provided or made available by you or the use thereof may infringe any copyright or trademark rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under this Agreement; and (3) any content provided by you on a message board, e-mail, or home page (created or used by you) on the TheSpread.com website, or statements made by you in the site or through other media. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities and attorneys' fees incurred in defending and/or resolving such action.
22. Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to TheSpread.com, Attention Legal Department, Spread Media Inc. Belleville, MI 48111
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the TheSpread.com website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. The contents and every part thereof, of the TheSpread.com website are only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through our site. The posting of information or materials on the TheSpread.com website does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our site. Unless otherwise prohibited from doing so, you may download and make one (1) copy of the content and other downloadable items displayed on the TheSpread.com website for your personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Any copying, republication, or redistribution of TheSpread.com website content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of TheSpread.com and/or the respective intellectual property rights holder identified in the subject content.
TheSpread.com respects the intellectual property rights of others and expects our users to do the same. The policy of TheSpread.com is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TheSpread.com's Copyright Agent & Counsel with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5)a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. TheSpread.com.'s Copyright Agent for notice of claims of copyright infringement on this Site is: Michael Seaton
TheSpread.com is committed to respecting the privacy of our users. We strive to provide a safe, secure user experience. This Privacy Statement sets forth the online data collection and usage policies and practices that apply to TheSpread.com and does not apply to information we collect in any other fashion.
TheSpread.com contains links to other websites over which we have no control. We are not responsible for the privacy policies or practices of other websites to which you choose to link from our websites or emails. We encourage you to review the privacy policies of those other websites so you can understand how they collect, use and share your information.
Collection and Use of Information by TheSpread.com
In some areas of TheSpread.com we may request that you provide personal information, including your name, address, e-mail address, telephone number, credit card number, contact information, billing information and any other information from which your identity is discernible. In other areas, we collect or may collect demographic information that is not unique to you such as your ZIP code, age, preferences, gender, interests and favorites. Sometimes we collect or may collect a combination of the two types of information. Examples of areas on TheSpread.com where we collect personal or combined personal and demographic data are pages where you can open a TheSpread.com forum account, create a profile, sign up to use a service, join an email list, and enter a contest or post on a forum.
We also gather or may gather certain information about your use of TheSpread.com such as what areas you visit and what services you access. Moreover, there is information about your computer hardware and software that is or may be collected by us. This information can include without limitation your IP address, browser type, domain names, access times and referring Web site addresses, but is not linked to your personal information.
We may sometimes afford you the opportunity to provide descriptive, cultural, behavioral, preferential and/or life style information about yourself, but it is solely up to you whether you furnish such information. If you do provide such information, you are thereby consenting to the use of that information in accordance with the policies and practices described in this Privacy Statement. For example, such information may be used for the purpose of determining your potential interest in receiving e-mail or other communications about particular products or services.
Our Use of Your Information
We use the information we gather on TheSpread.com whether personal, demographic, collective or technical, for the purpose of operating and improving TheSpread.com, fostering a positive user experience, and delivering the products and services that we offer.
If you have provided consent for us to do so, we may also use the information we gather to inform you of other products or services available from us or our affiliated companies.
We may use your contact information in order to send you e-mail or other communications regarding updates at TheSpread.com, to contact you about your opinion of current products and services or potential new products and services that may be offered. We may also provide additional communications, promotions and information which may be of interest to you. The nature and frequency of these messages will vary depending upon the information we have about you.
In addition, you may receive free informational newsletters from us relating to topics that may be of special interest to you.
We have areas on TheSpread.com where you can submit feedback. Any feedback you submit in these areas becomes our property, and we can use such feedback (such as reviews) for marketing purposes or to contact you for further information.
Choices Regarding the Disclosure of Personal Information to Others
We do not disclose your personal information to third parties, or your combined personal and demographic information or information about your use of TheSpread.com (such as the areas you visit or the services you access), except as set forth below.
1. We disclose information to third parties if you consent to such disclosure. For example, if you indicate that you would like to receive information about the opportunities, products or services of third parties at the time you register for an account at TheSpread.com, we supply your contact information to third parties such as employers, recruiters, data aggregators, and educational institutions, marketers or others for the purpose of sending you e-mail or otherwise communicating with you. We use data we have about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities, products or services of a particular third-party.
2. We disclose information to companies and individuals we employ to perform functions on our behalf. Examples include hosting our Web servers, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. These companies and individuals will have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party.
3. We disclose information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
We will disclose and transfer information to a third party who acquires all or a substantial portion of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event we become the subject of a bankruptcy proceeding, whether voluntary or involuntary, we or our trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court. You will be notified of sale of all or a substantial portion of our business to a third party via email or through a prominent notice posted TheSpread.com.
TheSpread.com is designed for member networking among other like-minded individuals with similar backgrounds and/or interests via forums and blogs. If you have a profile on TheSpreac.com, other users or members of TheSpread.com may view your profile. Your personal information, including demographic information, may be made public in your personal profile; however, your contact information is not displayed unless you opt to provide it. Other users or members of TheSpread.com will not have access to your contact information unless you choose to share it with them. We are not responsible for the retention, use or privacy of profile information in the instance of other members who have accessed your profile and may have retained information from your profile in their own files or databases.
Posting to Public Areas of TheSpread.com
Please remember that if you post any of your personal information in public areas of TheSpread.com such as in online forums or blog comment threads, such information may be collected and used by others over whom we have no control. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of TheSpread.com.
Other Uses of Information
We also share aggregated anonymous information about visitors to TheSpread.com with our advertisers, partners and other third parties so that they can understand the kinds of visitors to the TheSpread.com and how those visitors use TheSpread.com.
If at any time, you have questions or concerns about this Privacy Statement or believe that we have not adhered to this Privacy Statement, please feel free to email us at firstname.lastname@example.org
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Update effective August 1, 2010